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The debate over whether the government should maintain secrets from its citizens is deeply rooted in U.S. history and law. From the Espionage Act of 1917 to modern-day surveillance practices, this discourse examines the fine line between national security and personal privacy. The 4th Amendment offers citizens protections against unreasonable searches, yet evolving technology challenges these rights. Key incidents, like the increase in surveillance post-9/11 and revelations by Edward Snowden, highlight ongoing tensions in this complex relationship between government transparency and individual privacy.
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Bellringer • Should the government keep secrets from its citizens? Why or why not?
History • U.S. heritage of government privacy • Espionage Act • 1917: • intended to prohibit attempts to interfere with military operations, to support U.S. enemies during wartime, to promote insubordination in the military, or to interfere with military recruitment • 1950: • removed the "intent" to harm requirement & made "mere retention" of information a crime no matter what the intent, covering even former government officials writing their memoirs • 1961: • removed language that restricted the Act's application to territory "within the jurisdiction of the United States"
History • U.S. heritage of government privacy • FDR • President’s paralysis kept from public knowledge • Coup attempts in Cuba • CIA attempts to remove Castro
History • U.S. heritage of personal privacy • Declaration of Independence • Constitution • Court decisions • Skim the document in search of ideas that citizens have privacy protections from their government • Describe the themes of these privacy protections. • Give 2-3 examples of these privacy protections.
4th Amendment • Ratified in 1791 • "The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated.“ • Principal constitutional protection against government spying • Written in analog age, so government has few restraints today
Analog age? • Police want to know whom are you meeting, what are you reading, & what are you writing in your diary? • Would need to search home or bug phone…meaning search warrant & probable cause • Digital age? • Since 1960s & 1970s, the Supreme Court issued rulings declaring that the government does not need a search warrant to obtain your personal documents if you have already shared them with somebody else • Sharing your purchases with your bank • Location with your cellphone provider
Subpoena v. Warrant • Subpoena • Law enforcement issuing a legal document asking for information • No probable cause required • Warrant • Law enforcement must prove probable cause in order search
Subpoena v. Warrant • Example: • Drug Enforcement Administration wondered if some of electric company customers might be making or growing drugs in their homes • DEA served a subpoena on the utility, ordering it to turn over detailed digital records on its customers' electricity use, bank and credit card accounts • Process of getting a subpoena, essentially "one agent turning to [his or her colleague] and saying, 'Would you please sign this administrative subpoena for me so I can get information?' "
Responses to 9/11 • Increased government spending on surveillance to reduce threat of terrorism • Expanded to American soil to capture plots unfolding • Patriot Act • Bush administration found to use warrantless wiretapping • Bradley Manning • Army soldier convicted in July 2013 of Espionage • Known for release of classified government docs to WikiLeaks • Effort to uncover government wrongdoing
National Security Agency • Most responsible for storing & coordination of intelligence • Budget • Black budget = $53 billion • Not subject to oversight
National Security Agency • PRISM & Utah • $1.3 billion complex in Utah • Size • computer servers — enough to fill 4 warehouses covering 100,000 sq feet • Generators, power stations, water tanks – 1,000,000 sq feet • requires 65 megawatts of electricity & 1.5 million gallons of cooling water • Enough to power 65,000 homes • capacity of between 5 zettabytes(1.25 trillion DVDs) & 1 yottabyte ( 250 trillion DVDs)
Police Department’s • New York's Muslims have been targeted for surveillance based on their faith • Spied in their places of worship, businesses, & homes • Nationally, police departments adopting license plate scanners & body cameras
Google Street View • 2008 to 2010 its Street View cars collected data from millions of wireless networks as the cars photographed the world's streets
iPhone fingerprints • New iTouch technology • User fingerprint stored on phone • Accessible to hackers
Facebook • Share data with advertisers & government subpoenas • Source of much fusion center & PRISM data • Facial recognition
Reaction • BitTorrent (company pushing file sharing technology) began billboard campaign
Edward Snowden • Computer specialist & former NSA contractor who disclosed classified details of PRISM in May 2013 • Motive according to Snowden: • “to inform the public as to that which is done in their name and that which is done against them.” • Charged with espionage
ACLU • American Civil Liberties Union • Organization that uses legal cases to press for citizens’ protection against the government
International Outcry • Reports based on Snowden leaks revealed cellphone conversations of foreign leaders recorded • Brazil & Germany pressuring the United Nations to rein in the snooping activities of American spies • German Chancellor Angela Merkel says international trust in President Obama has been "shattered" by revelations about the depth of NSA spying - including claims that Merkel's own phone may have been tapped
Closure • How much privacy should the government have from its citizens? • How much privacy should U.S. citizens have from the government and large corporations?